Faithless no more! said the Supreme Court in Chiafalo v. Washington on Monday. The Court unanimously held that the Constitution allows a state to force its members of the Electoral College to vote according to that state’s popular vote. The case arose during the 2016 presidential election when three of Washington’s electors voted “faithlessly.” Democratic nominee Hillary Clinton won Washington’s 12 electoral votes, and each of Washington’s 12 electors had pledged to cast their votes for Clinton. But when the time came, three of the twelve violated their pledges, casting their votes for Colin Powell. Washington promptly removed the three electors from their posts and find each $1,000. The electors challenged their fines, claiming that the Constitution allows them to vote however they please. The Court rejected that claim, giving us all a bit more faith in our constitutional republic.
President Trump’s tax returns? Check. “Faithless” members of the Electoral College? Yep. Whether half of Oklahoma is actually Native American land? Check that one too. And the Establishment Clause’s “ministerial” exception? You got it. The Supreme Court heard oral arguments this week on all of these issues, rounding out what was perhaps the biggest argument week of the term (and also the Court’s last). Given the stature of these cases, you’d be forgiven if you didn’t notice the Court also released one decision this week (it was pretty innocuous). Here’s a recap of the action at our nation’s highest court this past week.
After two busy weeks, the past seven days were much quieter. The Court is now between its February and March sittings, so no cases were argued this week. The Justices released an orders list on Monday, adding an Eighth Amendment case to next term’s docket. The Court allowed the Trump Administration to temporarily enforce its “remain in Mexico” policy after lower courts had issued preliminary injunctions. Finally, Justice Sotomayor announced that she will recuse herself from one of the two “faithless elector” cases to be argued in April. Here’s your brief for the week of March 9.